Powell v. Crow
Supreme Court of Missouri
Appeal from Crawford Circuit Court. — Now. L. B. Woodside, Judge. (1) The evidence was wholly insufficient to warrant the court as a court of equity to declare a deed absolute on its face to be a mortgage. The evidence is not clear, cogent and convincing, and the facts and circumstances surrounding the transaction will not support the finding of the court.
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Appeal from Crawford Circuit Court. — Now. L. B. Woodside, Judge. (1) The evidence was wholly insufficient to warrant the court as a court of equity to declare a deed absolute on its face to be a mortgage. The evidence is not clear, cogent and convincing, and the facts and circumstances surrounding the transaction will not support the finding of the court. (2) Even though the evidence warranted the court m finding that the warranty deed was only a mortgage, the court erred in not making an equitable accounting between the grantor and grantee upon the consideration of said warranty deed, the…
1Opinion of the CourtValliant, P. J.
This is a suit under section 650, Revised Statutes 18991, to quiet title to 319 acres *484of land in Crawford county. In the petition the plaintiff states that she is the owner of the land in fee simple, that she is informed and believes that the defendant W. N. Crow claims title to the land adverse to her claim and prays that he be summoned to come in and show what he claims, and that the court will ascertain and determine the estate of plaintiff and defendant respectively and by its decree adjudge who has the title, and general relief.
Defendant Crow answered that he bought the land at the…
2Cases cited2 opinions
- Howard v. BrownSupreme Court of Missouri · 1906
- Seidel v. CornwellSupreme Court of Missouri · 1901
3Cited by11 opinions
- Donovan v. BoeckSupreme Court of Missouri · 1909
- Cantwell v. JohnsonSupreme Court of Missouri · 1911
- Gates Hotel Co. v. C. R. H. Davis Real Estate Co.Supreme Court of Missouri · 1932
- Marshall v. HillSupreme Court of Missouri · 1912
- Williamson v. FrazeeSupreme Court of Missouri · 1922
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